S 13-79 smom
#1111
1111
^TUDIO ESTATES S 13-79
500' E. of Alderbrook Dr./Durham Rd.
Ref: ZC 5-72
AMP
I
•
SUBDIVISION Flit CON1FN1S
S /3:7'?
SEE ALSO Z! 5-7
LEFT SIDE RIGHT SIDE
Assessor' s Map _Maps/Preliminary Plat
Notification ✓Legal Description/Deed
'/Surrounding Property Notice „Letter of Authorizat,on
Affidavit of Mailing ✓ Copies of Correspondence with Applicant
Agency/NPO Notice ✓ Public Input
Affidavit of Publication _ Agency/NPO Comments
Articles/Notices from Ti ✓ Staff Report(s)—Date(s) //4.74/
— — 7,rpamr ]Xli,SuI)
y Application/Narrative Minutes of Meetings
3-/8- 11)
iV 41-iosl—Ae4-ierr Neti-eP Planning Commission—Date i-22-110
-EE Stetri/repot- City Council—Date 4"21 ft
Resolution No. Date
Ordinance No. Date _
Correspondence After Approval
;UMMARY
Approved Denied
No of Lots 4
No of Phases
Special Setbacks
Plat Recording
Name SIICILU FSuitt S
Book/Page No. t Date _4OP/P i2 112
1
Additional Phases Re( orded
(Date) (Book/Page No. )
(Date) (Book/Page No. )
KI /hjs(0616P)
I
12. ORDINANCE No. 80-32 AN C!DINANCE CALLING FOR A SPECIAL ELECTION IO SUBMIT TO
VOTERS TAX LEVY FOR TIG.\RD LOAVES AND FISHES SENIOR CENTER,
SETTING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) City Administrator recommended Council adopt this Ordinance in the event
the measure fails on the May 20th electron; this enables the measure to
be placed on the June 24th election ballot.
(b) Motion by Councilman Brian, seconded by Councilman Scheckla to approve. .
Approved by unanimous vote of Council.
13. NPO / I APPOINTMENT RATIFICATION - Joseph D. Jebbia (Jeb's Seafood Market)
(a) Planning Director recommended approval of this appointment.
(b) Motion by C,, i'cilvomin Stiel-r, seconded by Coencilri.!n Brian to accept thL
appointment.
Approved by unanimous vote of Council.
14. ORDINANCE No. 80-33 AN ORDINANCE DETERMINING THE FINAL. COST OF STREET IMPROVE--
~T MENTS IN THE SOUTHWEST VARNS STREET LOCAI. IMPROVEMENT DISTRICT
RATIFYING AND ADOPTING THE APPORTIONMENT AND .SSESSMENT OF
THE COST TO RESPECTIVE PARCELS OF LAND WITHIN THE DISTRICT,
SPREADING THE ASSESSMENT AND DIRECTING THE ENTRY OF ASSESS-
MENTS IN THE LIEN DOCKET.
(a) Director of Public Works recommended the monies be distributed as outlined
by the consulting engineer and discussed at the April 21, 1980, Study
Session Council meeting.
(b) Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by unanimous vote of Couhcil.
15. KOLL BUSINESS CENTER SUB-LEASE OF GREENWAY AREA AGREEMENT
(a) Legal Counsel briefly recapped the history behind this lease and recom-
mended approval.
(b) Motion by Councilman Brian, seconded by Councilman Cook to accept and
authorize the Mayor and City Recorder to sign.
Approved by unanimous vote of Council .
16. WAIVER REQUEST BY T.D.C. - relating to bonding and compliance agreements for
suhd' visions. (Studio Estates Subdivision)
i) 'a) i rector of Public Works said that half street imon, ve,r,ents were request•:i
and TOC asks waiver of this request and has agreed to sign a non-remonstrance
agreement . Mr. Currie recommended approval of this request.
P' " 1 REGULAR MEETING COUNCIL MINUTES - April 28, 1980
•
(b) Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by unanimous vote of Council.
17. VLN UR,\ COURT SUBDIVISION - Letter from. Washington County Planning Director.
(a) Planning Director reco..Wended we accept the wording as outlined in the
Washington County Planning Director's letter with respect to notification
requirements of the Urban Planning Area Agreement (UPAA) .
( b) After much discussion by Council it was concluded that the Planning
Director would get in contact with Washington County and take necessary
steps to ratify the language.
18. ZONE CHANGE PLANNED DEVELOPMENT ZCPU 4-80 (U-Haul of Oregon) NPO 04
A request by U-Haul of Oregon for a zone map amendment with a General Plan and
fc7,- City 3r Tigard C i "6,- r Co. -ercial" to C-5 !qD
"High....1y Co(n.ierclal Planned Development" zone to operaee a vehicle rental and
storage facility on a 3. 51 acre parcel located at 11552 S.W. Pacific. Highway
(Wash. County Tax Map 1Sl 36DA, Tax Lot 900)
(a) Planning Director noted that Planning Commission recommended approval and
forwarded to Council .
(b) ORDINANCE No. 80-34 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN
APPLICATION FOR AN AMENDMENT TO THE 1970 ZONING MAP
OF THE CITY OF TICARD AND FIXING AN EFFECTIVE DATE.
(c) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve.
(d) Councilman Brian asked if appli :ant will be paving all outside storage area;
Planning Director assured they would be.
(e) Mayor Mickelson mentioned there might be a conflict of interest but he
would vote on issue.
Approved by unanimous vote of Council.
19. ZONE OhiINANCE AMENDMENT, ZOA 4-80 (City of Tigard)
A request by the City of Tigard for a zone ordinance text amendment for Chapter
18.36 of the Tigard Municipal Code relating to the "Highway Commercial" (C-5)
Zone.
(a) Planning Dii .ctor brought Councils attention to a metnorandu,a he wrote and
recommended approval .
(b) ORDINANCE No. 80- AN ORDINANCE AMENDING CHAPTER 18.36 OF THE TIGARD
MUNICIPAL CODE, RELATING TO HIGHWAY COMMERCIAL ZONE
(C-5) DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE
DATE.
(c) Public Testimony
J.B. Bishop, Suite 303, 10505 S.W. Barber Blvd. , Portland, Oregon,
stated there arc limited areas zoned C-5 which arc mostly located on
Highway 99 and very expensive. Mr. Bishop feels the lot requirements
of 40Z is too restrictive for this area.
;.4 PROJECT NAME: Studio Estates
8 0 0 I 3 0 I 3
CONSENT COVENANT
Street Improvements
The undersigned owners (including purchasers) of the
real property described below do hereby record their consent to the
formation of a local improvement district by the City of Tigard for
the purpose of improving the public street or streets upon which
the described property abuts. The undersigned expressly waive all
present and future rights to oppose or remonstrate against the
formation of a local improvement district for the improvement of the
abutting street or streets , reserving only the right to contest the
inclusion of particular cost items in the improvement district pro-
ceeding and any right they may have under the laws of the state of
Oregon to contest t22 proposed assessment formula.
This consent and waiver shall run with the title to the
described land and 'Je binding uy. on the undersigned and all successor
owners, for a period of 15 years from the date of the last
signat..re below.
The real property that is the subject or this consent
covenant is described as follows :
Lots 1, 2, 3, 4 - Studio Est. tes
(Formerly Lot 638 - Summerfield 11)
Located S.E. k Section 11 - T2S - R-1W - WM
City of Tigard, Washington County, Oregon.
J._ s
OJE:CT NAME: Studio Estates
FILE REF#: e)' ( ?
DATED this 24th day of April , 80 .
f -- r
Roy n/ Robe r C. u t
•
STATE OF OREGON )
) ss
County of Washington )
On this 24th day of A2ri1 , 1980 , personally
appeared the above named Roy Brown
and acknowledged the foregoing instrument to be A volunLary
act and deed.
Before me :
tart' Pub ,or Oreq�:t
M commissi n expires :
ACCEPTED 1r TIGARD CITY COUNCIL MAY 12 , 1980
CI - RECORD -
Alta.
ECORD -
STATE Of OREGON
County of Washington 58
I. Roger Thomssen. Director of Records
and Elections and Ex-OfluLiu necoiuer ot t,nn-
veyences for se.^_ t, ::
the witfun artsoun.ent ot writing .
and recorded in book of records of seed county
ROGER THOMSSEN. Director of
Records !S Elections
�`r.41
Re
� , ee 17, 23
✓,�. INDEXED
Page 2 Consent Covenant MOM 19 Pb 3: 19
RECEIVEr
APR 2 1980 (503) 639-3101
aTY OF TIGARD
TUALATIN DEVELOPMENT CO., INC.
15300 S. W. 116th Avenue TIGARD, OREGON 97223
April 23, 1980
City of Tigard
City Council
12420 SW Main
Tigard, Oregon 97223
RE: Studio Estates Subdivision - A Portion of Summerfielc.
Gentlemen:
I am requesting a waiver of the provision for M.C. 17.09.010 and
17.06.120, relating to bonding and compliance agreement for sub-
divisions because all public utilities are presently available
and no public works construction is required.
Sincerely,
TUALATIN DEVELOPMENT CO. , INC.
/77
frown
Vice President
RB/j1
cc: Aldie Howard, Planning Director
Prank Currie, Public Works Director
— - -- — _
•
CITf OF TIGARD
WASHINGTON COUNTY.OREGON
March 21, 1980
Mr. Roy Brown
15300 SW 116th Avenue
Tigard, Oregon 97223
REFERENCE: SUBDIVISION, S 13-79 (Studio Estates, re-hearing of appeal
request)
Dear Mr. Brown:
Please be advised that the Tigard Planning Commission approved your
preliminary plat request for the above referenced project.
This approval is subject to the following conditions:
1. That the occupants of Studio Estates be permitted to use the Summerfield
facilities.
2. That if at any time the Kreick property (Tax Lot 7400) is developed, a
condition of that development shall be that a single jointaccess be
pro""ided for both Studio Estates (Tax Lot. 14200) and Tax Lot 7400 onto
Durham Road opposite S.W. 92nd Avenue; and until this development takes
place, that Studio Estates be allowed a single direct access onto Durham
Road.
3. No occupancy permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department .
4. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes are
approved by that department. Application for changes will be made in
writing and shall include applicable drawings.
5. Construction plans on all public right-of-ways shall be submitted and
approved by the Public Works Director prior to commencement of work.
6. Public water service and sanitary service shall be installed to this
site prior to the issuance of a Building Permit.
12420 S W MAIN P 0 BOX 23397 1IGARD, OREGON 97223 PH 639-4171 - — /
Page 2
If we can be of any further assistance, please do not hesitate to contact this
office at 639-4171.
Sincerely,
A e Howard
Planning Director
Aflvm.:
NOTE: This acknowledgement must be signed and returned to the City of Tigard,
Planning Department. Failure to return this acknowledgement will result in
no further action on this project with regards to issuance cf Building
Permits r engineer g approval.
' iliVec 0 2 6 ._ /y),7e
Si4nature Date
Action of the Planning Commission is final unless notification of appeal to
the City Council is filed with the City Recorder within twenty (20) days
of the Planning Director's Action.
4
4 '
u FSLIC NOTICE '
TIGARD PLANNING COMMISSION
March t8, 1980 - 7:30 P.M.
Fowler Junior High - Lecture Rm.
10865 SW Walnut Street, Tigard
. 5. Public Hearings
5.1) SUBDIVISION S 13-79 (Studio Estates) NPO 16
A re-hearing of the appeal request by Mr. Kreick, Mr. Cooper and Mrs. Golden
of the approve _ decision by the Planning Director in reference to tha Preliminary
Plat Subdivision request by the Tualatin Development Corporation on a half-acre
lot in the R-7 PD "Single Family Residentiol Planned Development" zone located
adjacent east of 9185 SW Durham Road. (Wash. Co. Tax Map 2S1 11DC, Tax Lot 14200).
5.2 ZONE CHANCE PLANNED DEVELOPMENT, ZC PD 4-80 (U-Haul of Oregon) NPO 04
A request by U-Haul of Oregon for zone map amendment with a General Plan and
program review approval from City of Tigard C-3 "General Commercial" to C-5 PO
"Highway Commercial Planned Development " zone to operate a vehicle rental and
storage facility on a 3.51 acre parcel located at 11552 SW Pacific Highway (Wash.
County Tax Map 1S1 36DA, Tax Lot 900).
5.3 ZONE CHANGE PLANNED DEVELOPMENT, ZC PD 1-80 (Holman Project) NPO 06
A request by the Tualatin Development Company Inc. for a zone map amendment with
. a Preliminary Plan and Pro;ram Review request from Washington County RS-1 (cne
single family dwelling unit per gross acre) to City of Tigard R-7 PD "Urban
Low Density Planned Development" zone on a total area of 40.14 acres located a:
9830 SW Durham Road (Wash. Co. Tax Map 251 1411, Lox Lots 301 and 190). This item
was tabled by the Planning Commission of February 5, 1980..
5.4 ZONE CHANGE PLANNED DEVELOPMENT, ZC PD 3-80 (Park 217 Bu,iness Center) NF')
A request by Trammell Crow Company for a major change newest at the General Plan
and Program Review request level maintaining the City of Tigard C-3 PD "General
Commercial Planned Develop'ient" and M-3PD "Light Industrial Planned Development"
tones on a total area of 2,).6 acres located at 150 feet south of Pacific Highway
on the east side of SW Garden Place and 572 feet south of Pacific RigS.iay on the
east side of SW Hall Blvd. (Wash. Co. Tax Map 251 1BB, Tax Lots 200, 300, 800,
1100, 1101 and 1200) .
5.5 CONDITIONAL USE, CU 2-80 (Bruceau's Carpet and Furniture Cleaners) Ip0 pi
A request by Mr. Michele Heuvelhorst for a Conditional Use to operate a Carpet and
Futnit'are Cleaning business in a C-3 M "Main St. Commercial" zone on a .22 arrc
parcel located at 12551 SW Main Street (Wash. Co. Tax Map 2S1 2AC, Tac Lot 8000).
5.6a ZONE ORDINANCE TEXT AMENDMENT, ZOA 2-80 (City of Tigard)
A request by the City of Tigard for a zone ordinance text amendment for Chapter
18.24 creating zoning regulation for the A-20 (20 dwelling units per gross acre)
and A-40 (40 dwelling units per e -oss acre) "Multi--family Residential" zones.
l ( r
•
rIBLIC NOTICE.
TIGARD PLAN;(ING COMMISSION
March 18, 1980 - 7:30 PM
rag, 2
•
5.6b ZONE ORDINANCE TEXT AMENDMENT, ZOA 3-80 (City of Tigard)
A rtquest by the City of Tigard for a zone ord ance text amendment for Chapter
18.24.110 relating to the number of dwelling u . lts permitted in a Planned
Development district when the underlying zone 'nsity is divided into the net
buildable acres.
TT Publish March 7 and March 12, 1980
II
MIM UT ES
TIGARD PLANNING COMMISSION
March 3i, 1930 - 7:30 p.m.
Fowler Junior High School - Lecture Room
10865 5. W. Walnut St. - Tigard, Oregon
PresidenL Tepedino OPENED the meeting at 7:35.
ROLL CALL:
Present: Helmer, Kolleas, Popp, Smith, Speaker, Tepedino
Absent: Donn, Funk, Herron
Staff: Howard, Selby
The MINUTES of the February 5 meeting wore considered, and on motion
by Speaker, seconded by Popp, were unanimously approved as submitted.
No COMMUNICATIONS to the Planning Commission were reporteu by
staff or commissioners. President Tepedino reminded commissioners of
the booklet from the State Ethics Commission and the necessity of
c plettng and returning the accompanying disclosure form.
The President opened the PUBLIC HEARINGS portion of the meeting
by reading the usual notice of authority for and the procedure to be
followed in the meeting.
!
5.1 SUBDIVISION S 13-79 (Studio Estates) NPO #6
A re-hearing of the appeal request by Mr. Kreick, Mr. Cooper
and Mrs. Golden of the approval decision by the Planning
Director in reference to the Preliminary Plat Subdivision
request by the Tu-latin Development Corporation on a half-
acre lot in the R-7 PD "Single Family Residential Planned
Development" Tone located adjacent east of 9185 S. A. Durham
Road. (Wash. Co. Tax Map 2S1 11DC, Tax Lot 14+200).
Howard read the STAFF REPORT and STAFF RECOMMENDATION.
The APPLICANT'S PRESENTATION was made by Bill McMonagle, 8905
S. W. Commercial St. , Tigard. 3e reported the owner, Roy Brown, had
met with the appellasta, at which time be explained that thin parcel is
part of the Summerfield Subdivision and subject to its privileges and
responsibilities. The principal point at issue remained the access
onto Durham Road. A temporary access onto Durham Road from thin parcel
would he permitted. If and when the adjoining Kreick property in
developed, access for Mr. Prown's parcel and the Kreick proport:, would
be brought into line with S. W. 9'nd Avenue, and the temporary eccese
would be closed. This arrangement had been approved by the Pub1vc
Works Director and the Planning Director.
I PUBLIC TE`'TIMONY opposing the proposal was ae followo:
••• Dew . Kreick, 9135 S. W. Durham Road, who objected to the
v /
MINUTES
TTGARD PLANNING COMMISSION
March 18, 1980
Page 2
r
additional access onto a very busy portion of Durham Road. She stated
her family has no intention of selling, thus ma:Ling the "temporary"
access quite permanent.
ol" Mrs. Clara Kreick, 16940 S. W. Matador Lane, King City,
an owner of the Kreick property. She reported they have no plans for
development in the near future.
"' Grace Chapman, 15915 S. N. Oak Meadow Lane, stated that
after the meeting with Mr. Brown she no longer objects to the four
units on his property, but still felt the "permanent" access outlined
oy Mr. McMonagle was not right under the circumstances, and wondered
if the "temporary" access might be made permanent because the residents
of Studio Estates would not hrve to back onto Durham to get out.
COMMISSION DISCUSSION AND ACTION: Smith and Spoaker got clari-
fication from staff of the access proposals. Popp questioned how this
situation got to this point. Mr. McMonagle related the past history
and affirmed his conviction the proposal as submitted is the best
available under the circumstances. Helmer raised the question of
ownership of Tax Lot 12000, and Speaker got confirmation from McMonagle
that the easement whi h has been granted by Tualatin Development
Company is located in the southeast corner of the lot, thus committing
the future development of access from both TL 7400 (Kreick) and 11;200
(Studio Estates) to an eventual roadway across the south portion of
TL 7400 and the srutheant corner of TL 12000 t., an entrance directly
in line with 92nd Avenue.
Rather reluctantly Popp MOVED approval of Subdivision S 13-79
"Studio Estates" based on Staff Findings and Recommendations in the
faSl action staff Report dated November 1. 1979, on this subdivision,
with the itj.vulation that if at any time the Kreick property (Tax Lot
7400) is developed, a condition of that development shall be that
a single joint access be provide& for both Studio EsEates ATL 14200)
and Tax Lot 7400 Qato DurhaoacTe . , & ie-ifo and
unci hie__3eveiopMent take% place. that Studio Estates be allowed A_
single direct access onto Durham Road. The motion was seconded by
Smith, and carried with golleas voting no.
5.2 ZONE CHANGE PLANNED DEVELOPMENT, ZC PD 4-80 (U-Haul
of Orego0 NPO #4
A request by U-Haul 'of Oregon for a zone map amendment with
a General Plan and program review approval from City of
Tigard C-3 "General Commercill. to C-5 PD "Highway Commercial
Planned Development" zone to ops a vehicle rental and
L
STAFF REPORT
AGENDA 5.1
March 18, 198C - 7: 30 p.m.
TIGARD PLANNING COMMISSION
FOWLER JUNIOR HIGH - LECTUR2 ROOM
10865 SW Walnut Street, Tigard, Oregon
DOCKET: SUBDIVISION, S 13-79 "Studio Estates" (Ref. ZC 5-72 and Preliminary
Plat #11 of Phase IV S 2-76) .
APPLICANT: Mr. Roy Brown OWNER: S'ME
15300 SW 116th Ave.
Tigard, OR 97223
APPLICATION
DATE: October 18, 1979
SITE
LOCATION: Adjacent east of 9185 SW Durham Road (Wash. Co. Tax Map 2S1 11DC,
Tax Lot 14200) .
REQUEST: A re-hearing of the appeal request by Mr. Kreick, Mr. Cooper, and
Mrs. Golden of the approval decision by the Planning Director in
reference to the Preliminary Plat Subdivision request by the Tualatin
Development Corporation on a half-acre lot in the R-7PD "Single
Family Residential Plann2d Development" Zone .
PREVIOUS ACTION:
Cn January 22, 1980, the Planning Commission upheld the appeal request denying the
Studio C�taLes Subdivision approval. There was some confusion as to the legal
ownership of the subject site and whether or not Studio Estates was part of the
original Summerfield Plat with the applicable zoning. These issues have since been
clarified by a meeting with Mr. Brown and t}1e surrounding neighbors on February 18, 1980.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission re-hear the appeal to determine the
merit of the subdivision.
Prepared by Ken Sel , Approved by A oward,
Associ City Planner Plan g Director
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AFFIDAV,I OF PUBLICATION f" in ;.
TIOAPO PI t NTNG COMMISSIAt3111
STATE OF OREGON, l Match Hi, LMR — 7.O p.m. • ►
J) ss
COUNTY OF WASHINGTON, Fcwier Junior High -- Lecture atm.
le*SW Walnut SL.Tigard
c Hearings
1, Joseph Schafer dig)Ui3D(VISIONgills (studio
NPO No.8. "Y.
being first duly sworn. depose and say that i am the publisher Are-hearing of the topes,request If/
Mr. Kreick,Mr.Cooper and Mira-Oral*
of The Tigard Times, a newspapei of general circulation, as defined MS of the apr.oval decislast bl► -
g Director in *moo to Melt*.
by ORS 193 010 and 193 020, puhlishe,l at T.garoi, in the aforesaid county and ,, nrY II�
Pam $ on nor!ualli
e Tualatin DeP*1p0 Mt C tem
state, that the legal notice. a printed copy of which is hereto annexed, was un a half-acre lot In the R-7 PU .tingle
Family Residential Planned Develop-
published
eveloppublished in the entire issue of said newspaper for 2 successive and went" zone located adjacent. Mal of
81115 SW Durham Road. (Wash. Co.
consecutive weeks in the fo!lowinr issues Tax Map 351 1IDC, Tax Int 14100).
6.2 /ONE CHANGE PLANNED DE-
-March- 7- & 12, 1980 V1>;LOPMENT, ZC PD 4-80(U.Haul of
/� Oregon) NP) No. 4.
l21‘4Xi /, A request by U-Haul of Oregon for
�Ru 1 a e map amendment with a General
and pro$ratn review approval
Subscribed and sworn to before me this 13th day of Cliy of Tiiard C-3"General Com-
mercial"to C-5 PO"Highway Commis-
March
PlanneG Develotment" rune to
March II 804/)_) operate a vehicle rental and storage fe-
e 1 / Iryry_� _� � ditty on a 3.51 acre parcel located et
�` � � 11552 SW Pacific Highway (Wash.
Notlr,,8ublie of Oregon County Tax Map IS1 36DA. Tax Lot
GOM ...ix,s000)
FEB. 16, 1982 5.3 ZONE CHAPME PLANNED DE-
ME commission expires i9
VELOPMENT, ZC PD 1.80 (Holman
-- -- - Project)NPO No. 6.
A requaat by the Twlatin Develop-
ment Cotnpeny Inc. for a sone map
amendment with a Preliminary Plan
and Program Review request from
Was:tington County Rt-1 (one mingle
tllyltily dwelling unit per groes acre)to
City of Tigard R-7 PQ "Urian Low
Densly Planned Development" sone
on a total area of 46.14 scree located
at 8636 SW Durham Road (W^uh Co
Tax Map 261 1411, Tax Lou 301 and
100). This item was tabled by the Plan-
ning Commission of Fr hntary 5. 1080
5.4 z CM 0106 PLAN ID OE-
VEA :, SC PD 34* (Park 217
srafasMe NPO Po.5.
A request,. by Trammell Crow Com-
pany for a ronkjor charge request at the
(lateral Plan and Program Review re-
quest level rnalntaini.ng the City of Ti-
gard C-3 PD "General commercial
Planned Developm ant" and M-3PD
"Light Industrial Planned Develop.
event" z)nes on a total area of 20.6
acres located at 150 fret south of Padf-
k Highway on the east side of 3W Gar-
den Place and 572 feet south of Pacific
High no the anal aide of NW Hall
art( ash,Co.Tax My d131 IBS,Tax
Lets 600,1100,1101,and 1200).
5.5 CONDmoNAL USE. CU 2-60
i11 (Lrtmeau's Carpet and Furniture
Cleaners)NPO No. I.
i A request by Mr. Michele Heuvel
horst for a CondItional ties to operate
a Carpet and Furniture Cleaning heti-
' tress in a C-3 M"Main St.Commercial"
"one on ■ .23 acre parcel located at
19651 SW Main Street(Wash. Co. Tan
Map 214t 2AC, Tau Lot 660),
3.6a LONE ORDINANCE TEX1
AMENDMF.N7', ZOA 1-60 (City of Ti-
gard)
A req+uct by the City of Tigard for
i% a sone crdinanre text amendment for
Chapter 16.24 creating roving regula-
tion for the A-20(20 dwelling units per
r. groan acre)and A-0(40 dwelling units
per gross acre) "Multi-family Resider•
tie" aoaw
5.6b ZONE ORDINANCE TEXT
AMENDMENT, WA 340 (City of Ti
gard)
tr A request by the City of Tigard for
a sone test amendment for
Chapter M.M. N relating to the num
ber of dwelling units perm tted in a
Manned Development ddetrict when
the underlying ane density is divided
tri the net W1lAsAds,tarps,
4444 -- IV:Ott March?, 13 H60)
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington ) ss.
City of Tigard
I, Viola Christensen, being first duly sworn, on oath despose and say:
That I am Secretary for the Planning Department for
the City of Tigard, Oregon
That I served notice of hearing of the Tigard Planning
Commission
of which the attached is a copy (Marked Exhibit A) upon each of the
following named persons on the _ 6 day of /r4RiLC.4
198 ,;', by mailing to each of them at the address shown on the attached
list (Marked Exhibit B) , said notice as hereto attached, deposited in
the United States Mail on the day of ___ _ , 198() _,
postage prepaid.
2/6;1:42
Subscribed and sworn to before me on the day of
198
Notary Public of Oregon
My Commission expires: ,_
s. /�
I
I
IGARI
NOTICE
OF PUBLIG
HEARING
NOTICE IS HEREBY GIVEN THAT THE Tr''*RD PLANNING COMMISSION AT ITS MEETING ON TUESDAY,
March 18, 1980 , AT 7. 30 P.M. , IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH
SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, STILL CONSIDER THE FOLLOWING APPLICATION:
APPLICANT: Mr. Roy Brown
15300 SW 116th Avenue OWNER: SAME
Tigz.rd, OR 97223
REQUESTED
ACTION: A re-hearing of the appeal request by Mr. Kreick, Mr. Cooper, and Mrs. Golden
of the approval decision by the Planning Director in reference to the
Preli'.inary Plat Subdivision request by the Tualatin Development Corporation
on a half-acre lot in the R-7PD "Single Family Residential Planned Development"
Zone.
LOCATION• adjacent east of 9185 SW Durham Road (Wanh. Co. Tax Map 2S1 11DC, Tax
Lot 14200) .
FILE NO. : SUBDIVISION 513-79 (Studio Estat(:s)
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THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF PROCEDURES
OF THE PLANNING COMMISSION. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEART,
OR, TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE INITIAL HEARING.
SHOULD YOU WISH TO APPEAL, A WRITTEN LETTER ADDRESSED TO THE CITY RECORDER MUST HE RECEIVED
PRIOR TO THE EXPIRATION OF THE TWENTIETH DAY AFTER THE DECISION OF THE HEARING. IF NOTICE
TO APPEAL ' - NOT RECEIVED WITHIN TWENTY DAYS, THE ACTION IS VALID.
FOR FURTHER INFORMATION, PLEASE CONTACT
THE
RLA I G DEA
PRTMENT AT 639-4171
CITY TFHIG
Tigard, Oregon 97223 -
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RECEIVED
E B 1 4 1980
T,cc►Ro CITY OF T GA R D CITY OF TIGARD
P.O. Box 23397
12420 S.W. Main
Tigard,Oregon 97223
February 1, 1980
Mr. Roy Brown
15300 SW 116th Avenue
Tigard. Oregon 97223
Reference: SUBDIVISION, S 13-79
Dear Mr. Brown:
Please be advised that the Tigard Planning Commission at their meeting of
JanuaLy 22, 1980 upheA the appeal of Subdivision, S 13-79, and that the fee
for a new application on this parcel be waived as a new application is needed
for further consideration by Planning Staff and presentation to the Commission.
If we can be of any further assistance, please do not hesitate to contact
this office at 639-4171 .
Sincerely,
Ken Selby
Associate City Planner
KSvmc
Action of the Planning Commission is final unless notification of appeal to
the City Juncil is filed with the City Recorder within twenty (20) days of
receipt of this acknowledgement letter.
This acknowl nt must be signed and returned to the City of Tigard,
Planning DE" ment. �
S' a 4.4c,� Date
Harris-McMonagle Associates, Inc.
I N(,1S,I I KS SIRS"I' ORS
4405 S.WW COMMERCIAL STREET
TIGARD, OREGON 97223
1,1,phnne 15011109 145 l
January 23, 1989
Mr. Aldie Howard
Planning Director
City of Tigard
12420 S. W. Main St.
Tigard, Oregon 97223
^
Re: Studio Estates
f
Uear Aldie:
In reference to the appeal hearing to the Planning ComW scion on January 22,
1980 for Studio Estates, a number of statements were made that were totally
incorrect.
1 . The Studio Estates homes will be subject to ail of the conditions of
Summerfield Home Owners Association and the age of the people living in
Studio Estates will be in conformance.
2. The P-D zone for Summerfield runs with the and just as any other land
zoning does. It has nothing to do with who owns the land. Any portion of
the land under the P-U Summerfield could be sold to anyone, but they would
have to develop the land in conformance with the P-D as approved or re-
quest a zone change to something else.
3. The access for Studio Estates and the Krick property I felt had been worked
out and was understood by the Planning Commission as the best -,olution for
now and the future. The people there did not really challange the access
except for the Kricks in reference co a future easement across their prop-
erty to a controlled access at S. W. 92nd Avenue which would happen wether
Studio Estates was there or not.
4. The people there seemed to want to use the Planning Commission hearing as
a forum to repeat what a real estate salesman may or may not have said to
them when they purchased their home. This testimony should never have been
allowed, as it is heresay and had nothing to do with the appeal and only
confused the issue.
Because of the confusing atmophIre and the Planning Commission instructions to
Staff to determine ownership, they waived the future appeal fee with the thought
H-McASSCC., INC.
Mr. Al die How_.rd
Plann' ng i)irector
1/23/! 0
Page
Re: S .udi o Estates
in mind that when these questions were answered, they would rehear the applica-
cation. It was at Staff request that the Planning Commission approve or deny
the appeal , but not throw it back to Staff.
I the^efor respectifully request in behalf of the owner, Roy Brown, that Studio
Estates be placed un the next planning commission agenda for rehearing of this
issue, as the decision that was rendered was based on inaccurate information.
Very truly yo s,
W. cMona
Ha is-M al
e Associates, Inc.
WLM:ds
cc: Roy Brown
,..wrh..c.r111004+rorw+rnWL 0021.1%:.aallikarktabania ralatAti*Vow IOW,rw.anm.....o.... - - - ........,,.....»...n.y....r:....1._*..r».......
•
•
C C
AGENDA
TIGARL gI,.LNNING OOMMI:SICN
January , 1980 - 7:30 p.m.
Fowler Junior High - '_,ecture Room
10865 SW Walnut Street, Tigard
1. Open Meeting:
2. Roll Call:
3. Approval of Minutes from Previous Meetings:
4. Planning Commission Communication:
5. Public Hearings:
A. Staff Report
B. Applicant's Presentation
C. Public Testimony
1. Proponent's
2. Opponent's
3. Cross-Examination
D. Staff Recommendations
E. Commission Discussion & Action
5.1 COMPREHENSIVE PLAN REVISION CPR 4-79 (Mr. Gary F. Oxley)
5.2 COMPREHENSIVE PLAN REVISION CPR 5-79 (McCoy Property)
5.3 SUBDIVISION S 13-79 (Studio Estates)
5.4 CONDITIONAL USE CU 26-79 (U-Haul of Oregon)
6. Old Business:
7. New Business:
8. Other Business:
9. Adjournment:
j
PUBLIC NOTICE
TIGARD PLANNING COMMISSION
January 8, 1980 - 7: 30 p.m.
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard
5. PUBLIC HEARINGS
5. 1 COL4PREHEASIVE PLAN REVISION, CPR 4-79 (Mr. Gary F. Oxley) NPO #6
A request by MDS Investment Inc. for a Comprehensive Plan Revision from "Suburban
Low Density Residential" (2 dwelling units per grss acre) on the upper two
thirds of the subject site to "Urban Medium Densit, ' (8 dwelling units per
gross acre) on the remaining 10.27 acre parcel located at the northwest corner
of SW Naeve Street and SW 109th Avenue (Wash. Co. Tax Map 2S1 10D, Tax Lot 500) .
5.2 COMPREHENSIVE PLAN REVISION CPR 5-79 (McCoy Property) NPO N1
A request by Mr. J. F. McCoy for a Comprehensive Plan Revision from the designated
C-P "Commercial P -afessional" and A-2 "Multi Family" to C-3 "General Commercial"
on the 1.23 acre subject parcels located at the northeast corner of SW Garrett
Street and Pacific Highway (Wash. Co. Tax Map 2S1 2CB, Tax Lots 2400 and 2500) .
5. 3 SUAGI'VI9Z $ 13e7V (Studio !states) NPO #6
A request for an appeal by Mr. Kreick, Mr. Cowger and Mrs. Golden of the approval
decision by the Planning Director in reference to the Preliminary Plat Subdivision
request by the Tualatin Development Corporation on a half acre lot in the R-7PD
"Single Family Residential Planned Development" Zone located at. approximately 500' east
of Alderbrook Drive on Durham Rd. (Wash. Co. Tax Map 2S1 11DC, Tax Lot 14200) .
5.4 CONDITIONAL USE CU 26-79 (U-Haul of Oregon) NPO #4
A request by Mr. Keith VanEtten for a Conditional Use to operate a vehicle rental
and storage facility on a 3.51 acre parcel zoned C-3 "General Commercial"
located at 11552 SW Pacific Highway (Wash. Co. Tax Map 1S1 36DA, Tax Lot 900) .
TT Publish December 19 and December 21, 1979
vmc 12/17/79 — l
P P
,
STAFF REPORT
AGENDA 5.3
Tigard Planning Commission
Januar07- 1980 - 7:30 p.m.
Fowler Junior High - Lecture Room
10865 SW Walnut Street, Tigard
DOCKET: SUBDIVISION S 13-79 (Studio Estates, RF: ZC 5-79 and Preliminary
Plat #11 of Phase IV S 2-76)
APPLICANT: Mr. Roy Brown OWNER: Same
15300 SW 116th Avenue
Tigard, Oregon 97223
APPLICATION
DATE: November 20, 1979
SITE
LOCATION: Approximately 500' east of Alderbrook Drive on Durham Road (Wash. Co.
Tax Map 2S1 11DC, Tax Lot 14200) .
REQUEST: An appeal by Mr. Kreick, Mr. Cowger and Mrs. Golden to the approval
decision by the Planning Director in reference to the Preliminary
Plat Subdivision request by the Tualatin Development Corporation on
a hnlf acre lot in the R-7PD "Single Family Residential Planned
Development" Zone.
PREVIOUS ACTION:
Attached is a copy of the Staff Report approving the Subdivision request of
November 1, 1979 by the Planning Director. (See Exhibit "A")
I. FINDINGS OF FACT:
1. Between the dates of November 20th, and the 21st, three letters of appeal
were received by the City in reference to the Studio Estates (S 13-79)
Subdivision application. (See Exhibit's B" "C", and "D")
II. CONCLUSIONARY FINDINGS:
1. The Staff Report dated November 1, 1979, and the supplementary information serve
a s the recorded record of evidence to review in reference to the appeal to
formulate a decision.
III. STAFF RECOMMENDATION:
Staff recommends that the Planning Commission uphold the decision of the
Planning Director. /
Prepared by Keny, Approved by Aldie ward,
tv so i . City Planner Plan I Director
vmc
1r it
FINAL ACTION '
_F REPORT
TIGP.cRD PLAFNING DIRECTOR /4 g,cr //4 `'
November 1 , 1979
City of Tigard
12420 SW Main Street - Tigard, OR -
DOCKED: Subdivision S 13-79 '(Reference: ZC 5-79, Summerfield Subdivision and
Preliminary Plat 011 of Phase IV S 2-76)
APPLICATION: Mr. William McMonagle OWNER: Tualatin Development Corp.
8905 SW Commercial 15300 SW 116th Avenue
Tigard, OR 97223 Tigard, OR 97223
APPLICATION
DATE: October 18, 1979
SITE
LOCATION: On SW Durham Road approximately 550 feet east of SW Alderbrook
Drive (Wash. Co. Tax Map 2S1 11DC, Tax Lot 14200).
REQUEST: To subdivide a half acre parcel into 4 lots in a R-7 "Single
Family Residential" zone.
PREVIOUS ACTION:
In 1972, the City Council approved a multiphase planned development project
for a total of 1295 dwelling units. The Summerfield Complex was to be made up
of single-family, townhouse, apartments and a retirement center. In May 1978,
Phase IV, Plat Number 11 was recorded, which incorporated an area 144.0 feet
by 151 .14 feet. This parcel was one lot of the total plat. The half acre site
was never developed. Therefore, Tualatin Development Corporation is requesting
a preliminary subdivision plat approval to permit the construction of two town-
house units on four lots.
I. FINDINGS OF FACT:
1. The subject site is zoned and designated as "Urban Low Density" on
the NPO #6 Plan.
2. The applicant is rcquesting permission to subdivide a half acre parcel
into 4 lots for the construction of two attached townhouse units.
The site plan indicates that the access will be directly off SW Durham
Road.
3. The property is vacant and Ha:: with tall grass and a few trees on the
northetn property line.
4 . The surrounding land uses are single-family units (some are two story)
to the west and north, townhouses (some are two story) to the east
and the Tigard High School to the south across SW Durham koad.
1r
FINAL ACTION
STAFF REPORT
TIGARD PLANNING DIRECTOR
Page 2
5 . Access to the subject site will be directly off SW Durham Road. SW
Durham Road is presently a two lane 26 foot wide road. It is a County
road with a designation by the City's NPO $6 Plan to be a collector street.
Its present condition is substandard to the City's local street standard
which carries a traffic volume of 3,500 to 5,000. The average daily trips
in the immediate area is approximately 5,856. This figure was indicated
from the traffic counter placed at the school frontage location in May,
1978. Since that time, there has been an increase in traffic volume due
to new residential construction . Therefore, the present traffic trips
are approximately 2,356 to 856 trips above the estimated capacity.
A driveway permit was granted by the Washington County Public Works
Department for this parcel. However, the County letter (see attached
exhibit "A") cautions the developer of the possibility that the road
is classified by the County as an arterial and that the City should
consider obtaining jurisdiction for SW Durham. Also, the letter states
that the driveway permit requires the concurrence from the City of Tigard.
7. The County's response is interpreted as intending the City to be the final
determinator to permit direct access onto SW Durham, to take jurisdiction
of SW Durham and to determine the future classification of SW durham
with the responsibility of improving it.
8. A positive factor to this situation is the fact that vehicle traveling
through this area from either direction will be slowing down to turn
into the school, to the proposed residence or onto 92nd Avenue towards
Cook Park. Therefore, turning left or right from on-coming traffic
will be anticipated. Furthermore, the speed limit along the school area
is 20 mph and is policed for enforcement.
II . CONCLUSIONARY FTNDINflS:
1. The applicant' site plan for access is viewed as a temporary solution.
Further improv ;,,,nt on SW Durham and a relocation of the access when
future development occurs to the west is essential to finalizing the
best access.
2. Allowing direct access onto SW Durham will reverse the policy and will
be contrary to Condition Number 6 of the approval to Plat Number 11 of
Phase IV.
3. The townhouse construction on the four lots is in keeping with the Summer-
field Planned Development and the Comprehensive Plan.
4. The high density type units in the approval of a planned development
dere acceptable due to the open space and recreational activities of
the total area. Therefore, permission of these units to share in the
facilities of Summerfield is required.
I I
FINAL, ACTION
STAFF REPORT
TIGARD PLANNING DIRECTOR
Page 3
III . STAFF RECOMMENDATION:
Staff recommends approval of the preliminary plat subject to the following
conditions:
1. That the occupants of Studio Estates be permitted to use the Summerfield
Facilities.
2. That the temporary drive be permitted until such time that a full right-
of-way through, Tax Map 2S1 11DC, Tax Lot 7400, be acquired. At which time
the temporary access will be closed.
3. That an easement be created on Tax Map 2S1 11DC, Tax Lot 12000 for traffic
access sufficient in width and depth to align with the intersection of
SW 92nd for future access for Lot 7400 and Studio Estates.
Approval of the building permits will be conditional upon no receipt of
4. f
appeal within twenty days from November 1, 1979.
5. No occupancy permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
verifying this have been cart led out by the appropriate department.
6. No changes will he made to approved plans or specifications unless formal
application is made to the appropriate City department and changes are
approved by that department. Application for changes will he made in
writing and shall include applicable drawings.
7. Construction plans on all public right-of-ways shall be submitted and
approved by the Public Works Director prior to commencement of work.
8. Public water service and sanitary service shall be installed to this
site prior to the i:;':uance of a building permit .
Prepared by Ken SApproved by Md e A. d
Assoc re City Planner Pl 4f g 'irector
NOTE: This acknowledgement must be signed and returned to the City of Tigard,
Planning Department , within fourteen (14) days of your receipt of this
letter. Failure to return this acknowledgement will result in no further
action on this project with regards to issuance of building permits or
engineering approva .
•
S
—Signature, icant Date
r
i .to , owner
D /,,
e
lime
I
,
MINUTES
TICARD FL':::;IU COMMISSION
January ' ', 1930
Page 4
the highway to Garrott Street, and with the larger, deeper lot permitting
a more attractive development.
Mr. James McCoy, 13235 SW Howard Drive, explained the renresenta-
tiono to him prior and subsequent to the purchase of the property that
it was zoned C-3. Ho felt a much mere desirable development wJuld
reault from zoning the whole parcel as C-3 than splitting it, as zoning
papa now indicate.
Selby asked Staff Recommerdatior ::o. 1 apply to .ax Lot 2400
instead of Tax Lot 2500 ac written. .. then explained tht in the
discusciee; he had recently with NPC #1 it wlr, acknowledged the desig-
aationo of zrning was "broad brush" rather than literally on a let-by-
lot baeis, and should b., so construed when considering this property.
There was no ,PUBLIC. TEZTIttO:i?.
CRCSS-i:Rn'tt,`r I TON AJD RE3UTTAL: J. B. F lehop, owner of property
on the weet side el' the highway and elcewhcre 1n the vicinity aoked
about the traffic light at Garrett Street, and as to whether actiJn on
this rc ,,ieot might be considered a precedent for up-zoning requests on
his nearby properties. (No definite responee was given to either question.)
' ISsIoN DISCUSSION 10.2 ACTIO:.: Bonn stated his roasono for
approval cf the request. Popp, upon questioning by the President,
could only hazard a -xn a as to why the property was zoned as it is.
He could not see adveiaJe effects from this revision and favored the
proposal. 'p thereupon :: Y:9 approval of Conprehe:.:,,ve Plan Revinion
CPR 5-79, based on Staff Findings and Recommendation as twice amended.
Helmer seconded the r etion, wr' r-h carried unanimously.
5.3 SUBDIVISIO:1 S 13-79 (Studio Estates) NPO #6
A request for an appeal by Mr. Kreiek, Mr. Cowper and Mrs.
Golden of the approval decision by the Planning Director in
reference to the Preliminary Plat Subdivision roqueut by the
Tualatin Development ;,rporation on a hal: acre lot in the
R-?!'u "Single Family 13.:sidential Plarned Development" Zone
located at approximately 500' east of Alderbrook Drive on
Durham Rd. ( dash. Co. Tax Ear 2S1 11C, Tax Lot 142.00).
Horerd read the STAFF RSPCRT and RECO' N 1D,1TIC':.i of the appeal,
togeth•ir with the Staff Peconnenditions dated Novrrt,er 1, 197), on
Final Action tai:en by the Planning Director to the original request
dated f?ctoher 13, 1979.
The AF:'LI'::::L''S P1: :Si1TATION was made by Alae three individuals who
appeale : the Planning Director', decision:
MINUTcS
TIGARD PLANNING COMMISSION
January 22, 1 :J0
Page 3
/ 1
was not speciL call. addressed in the plan, but ;hat when Canterbury
Woods wnc approved, a conditior was half-atreet dedication and improve-
ment of 109th; that the other nalf would be re' a'red to be improve.!
when ;;rs. Anderson's propety 16 developed; that the expectation of the
City Council was that 109ta would go throuh as property in the area
is ievel-ped. Selby pointed out that local streetr were not required
to oe designated in the Comprehensive Plan, -.nd accordingly it was not
r pec 1 f'. - ally addresaed.
Other disc_ssion touched on the two-year estimate for arrival of
sewer to the area and the possible impact in the future. (Staff pointed
out Cela war a request for a Corcprehen.;ive Plan revision only; that any
specific pl for development would still have to c :me before the Coamis-
sion.) Porp favored the Comprehensive Plan as drawn and felt nothing
in the application prerented good reasons for changing it. Au thereupon
MOVED for denial of Comprehensive Plan Revision CPR 4-79, seconded by
Kolleas. Speaker onnounceOis favoring of the proposal on the grounds
of the better control by the City through the PD procenc called for by
the Staff Recommendations. Staff clarified that development on this
parcel would of necessity have to come before the Commission res a PD
whether or not thin request passed or failed. Tepedino wan unpersuaded
a change in this cane, based on the evidence presented, is desirable.
The motion for denial then carried, with Speaker and Bunn voting no.
5.2 COMPREHENSIVE PLAN REVISION CPR 5-79 (McCoy Property) NFA #1
A request by Mr. J. F. McCoy for a Comprehensive Plan Revision
from tlio designated C-P "Commercial Professional" and A-S
"Multi Faolly" to C-3 "General Commercial" on the 1.23 acre
subject parcels located at the northeast corner of SW Garret
Street and Pacific Ht;hway (Wash. Co. Tax Map 2SI 2CB, Tax
Lots 2400 and 2500).
Howard road the STAFF REPORT and RECCMMENDATICNS. Selby asked that
"when development occurs" be added to the Staff Recommendation.
T.:ee APPLICAIIT':, PI' ..'":;TGTION was made by Gregory R. Mcwe, 900 SW
Fifth ;.v nue, Portland, att.rney for the McCoys. He explained Mr.
McCoy is a lumberman rather than a developer, which perhaps led to some
of the problems. He explained the McCoy acquisition of the two parcels
at different times a.•.d the desire to develop then so a unit. He explained
the zon!n; w;;i--h calls for different zoning on the front and bark of the
property. This does not permit a rea' !y good ccnmercial developsent
on a o!eallca lot. The lack of vacant C-3 parcels in the city was
mpnt::nei. The proncrt;; is already buffered by apart-ents. The request
would simply move tae 0-3 designation a short distance farther along
1
MINUTCS
TIG',RD PLAN:NING CO:•MISSION
January 22, 1980
Page 5.
•" Mrs. Elisabeth N. Golden, 15850 SW Oak %eadow Lane
•'• Robert C. Cowger, 15915 SW Oak Meadow Lane
••' Dawn Kreick (representing the Kreick family) , 9135 S',7 Durham
Speaking also in se pport of the appeal were:
•" James D. Lindsey, 15830 SLS Oak Meadow Lane
••' Mrs. .;r ,c Chapman, 15915 SW Oak Meadow Lane.
The four Sunoerfield residents ageeed at the time they purchased
their sites this lot had been represented to them as landlocked until
the KLeick prr erty was purchased by TDC, until which time it would he
a sort of ereea area. The history of the initial September hearing
(which was withdrawn) was mentioned, and that without any notice to the
neieebo ra construction work wan commenced on a Ziturday and Sunday
in November. It was brought out that the remaining vacant lots and
the su' rounding neighborhood is atngle-family residences only, and strong
opposition was voiced to duplex, townhouse or attached single-family
residen+ as on this lot. The question was raised why, if this is Studio
:states instead of Cummerfield, the residents should be entitled to the
Summerfield privileges and responsibilities. The additional impact of
another acr.esc on Durham Road, and the impact of four residences instead
of only two at this place, was objected to. Mrs. Golden felt Finding
of Fact No. ' with respect to enforcement of the 20-. Lie per hour speed
limit pact the high school was not factual. Mr. Cowgor advocated two
detached ain.-le-family residences on two lots, instead of two duplex-
type buildings on four lots. Mr. Lindsey asked for clarification of
what is proposed an to Durham Road access, and Limo enough to get
legal counsel to protest effectively.
C:2035-E:ln1°1IJATI0N AND REEUTTAL: dill McMonagle spoke on behalf
of Roy Brown, the original applicant-owner, because Mr. grown was ill
and unable to be present. Mr. McMonagle explained his position as an
engineer who for some years has been connected with the development of
Durham Road and Summerfield. He detailed ;he hiotory of Durham Road:
before Summerfiold it wan scheduled to be an arterial, but the County
did not have the funds to develop it as such, and the Nee) subsequently
reclassified it as a collector street. As to Summerfield: originally
the whole parcel owned by the Kreicks, consisting of their present
residence and most of Summerfield No 11 east of Alderbrook, was under
option to Tualatin Development Coar:; ly, and the initial plan for this
section was a'proved on that basis. For whatever reason the Kreicks
did not sell their present homesite. Numerous attempt:., have been made
by TDC to purchase all or portions of this property, without success.
He illuotrated on the blac;;beerd the access planned for the Kreick
property, when developed, ani Studio Estates, :pit;: .a cone in line with
92nd Avenue an elimination of the present Kreick access and the proposed
temporary Studios Estates access. He explained the plan to build two
twa-unit townhouses on this half acre. He presented this traffic
`J v
1 A
MIYU cS
TIGARD PLANNING CO`NISSICN
January 22, 1930
Page 6
pattern as being t:r:c best avai1.'ble under the present land ownership.
Mr. Lindsey rained the question whether this property is Summerfield: 1
if it is, by what authority are townhouses put into this single-family
section of Summerfield; if it isn't, should Summerfield privile•;'s and
responsibilities apply to the residents? Selby replied that this parcel
was included in the original approval of 1269 living units in the total
Summerfield development, approved in 1972. Plat No. 11 (this area)
wac developed as sinal?-family residences. The September hearing was
for a conditicnil use for duplexeo, which represented a substantial
change in the nature of the planned development in this area. Tho
applicant withdrew this application in crder to come back with a
ainglo-family concept, Studio '..states, which then became for the Planning
Department an in-house matter because no al, :Meant chance from the
original plan was conteaplated. (The type of land use:--single-family
residences--was not changed by this concept.)
Discussion revealed that :loy Brown, a r; ,:e president of Tualiten
Development Company, purchased this half acre from TDC subsequent to
the application for the September hearing and now owns it as an indi•
vid'ial.
Since there was a notable lack cf agreement as to what the actual
legal situation for this parcel is with respect to the original Summer-
field plat and applicable zw,ing, the President closed the public hearing.
COMM' -' t DISCUSSION AND ACTION: Popp proposed a motion referring
this back to Staff far clarification. Speaker asked particularly that
the status of the Summerfield deed restrictions on this property be
\\C_.
ascertained. Howard asked the Commission instead to take such action
as would bring a completely new application for consideration by Staff
and presentation to the Commission. Thereupon the motion for referral
to Staff was withdrawn. Bonn then MOVED the appeal of Subdivision
3 13-,'J be upheld and that the fee Lar & new asalcation on this parcel
e wa ve . ►o motion was seconded by Helmer andniro .
peased unausiy
The President declared a five-minute recess at 10:05.
5.4 CONDITIO'1.L USE CU 26-79 (U-Haul of Oregon) NPO #4
A request by r-. Keith VanEtten for a Conditional Uce to
operate a vehicle rental and storage facility on a 3.51 acre
parcel zoned C-3 "General Commercial" located at 11552 3',I
Pacific Highway ( dash. Co. Tax Map '51 36D,1, Tax Lot 900).
Howard read the ST.FF REPORT and IlLa.hCSr IDATI. Th
........ .r..r..a.r.....,........__._
r .
. .. . ......- ,
.. 1---- _ __.. _ ,
...
AFFIDAVIT OF PUBLICATION PUBLIC NOTICE
TIGARD PLANNING COMMISSION
January 8, 1980-7:30 p.m.
STATE OF OREGON, 1 Fowler Junior High
COUNTY OF WASHINGTON,
1 ss Lecture Room
10865 SW Walnut St..Tigard
I Joseph Schafer 5. PUBLIC HEARINGS I
5.1 COMPREHENSIVE PLAN REVI-
tieing first duly sworn, depose and say that I am the publisher SION, CPR 4-79 (Mr. Gary F. Oxley)
of PO 6
of The Tigard Times, a newspaper of general circulation, as defined A request by MDS Investment Inc.
for a Comprehensive Plan Revision
by ORS 193 010 ard 193 020, published at Tigard, in the aforesaid county and from "Suburban Low Density Resi-
dential" (2 dwelling units per gross
state, that the legal notice, a prated copy of which is hereto annexed. was acre) on the upper two-thirds of the {
subject site to "Urban Medium Den- I '
published in the entire issue of said newspaper for 1- successive and sity" (8 dwelling units per gross acre)
on the remaining 10.27 acre parcel lo-
consecutive weeks in the following issues _ ... . . cated at the northwest corner of SW
Naeve Street and SW 109th Avenue i
-- December 28, 1979 —••_•_ (Wash. Co. Tax Map 2S1 IIID, Tax Lot , `
500). I-
1
5.2 COMPREHENSIVE PLAN REVT-
,f �►• - 1 .
SION CPR 5-79(McCoy Property)NPO
Subscribed and sworn to before me this 3rd day of 1
A request by Mr. J.F. McCoy for a
Coati •ehensive Plan Revision from the
January 1f 8 designated C-P "Commercial Prof- I
g:›Afr-e114) essional" and A-2 "Multi Family" to
C-3 "General Commercial" on the 1 23
Notary Public of Oregon acre subject parcels located'at the
northeast corner of S W Garrett Street
COMMISSION EXri'JRE,; and Pacific Highway (Wash. Co. Tax
i My commission expires Map 2S1 2C B,Tax Lots 2400 and 2500).
FE3. 10, 1982 5: ISION S 13-79 (Studio E.s-
tates) NPO
A request for an appeal by Mr
Kreick, Mr Cowger and Mrs. Golden
of the approval decision by the Plan-
ning Director in reference to the Prel-
iminary Plat Subdivision request by the
Tualatin Development Corporation on
a half acre lot in the R.7PD "Single
Family Residential Planned Develop-
ment" Zone located at approximately
500' east of Alderbrook Drive on Dur-
ham Rd. (Wash Co. Tax Map 2S1
11 DC, Tax Lot 14200).
5.4 CONDITIONAL USE CU 28-79(U-
Haul of Oregon) NPO 4
A request by Mr. Keith VanEtten for
a Conditional Use to operate a vehicle f 1 '
rental and storage facility on a 3.51 ', h
acre parcel zoned C-3 "General Com- .'i
mercial" located at 11352 SW Pacific( -
Highway (Wash. Co. Tax Map ISII '
36I)A, Tax Lot 900). L �'
(TT 4390 Publish Dec 2g, 1979) 4
• .i li
4
p
MEMORANDUM
TO: ED.WAI.JON
FROM: .:1 SELBY
SUBJECT STUDIO ESTATE SUBDIVISION S 13-79
The Studio Estates Subdivision Building Permit was condition upon no
receipt of appeal within twenty (20) days from November 1, 1979. (See
Final Action Letter S 13-79, dated November 1, 1979.)
Consequently, an appeal of the Subdivision Approval has been received in
this office dated November 21, 1979. Therefore, a Stop Work Order
should be posted on Building Permits #2998, #2999, #2996 and #2997
until the Appeal issue is resolved. The Appeal before the Planning
Commission is scheduled for January 8, 1980.
KSvmc
am
•
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington ) ss.
City of Tigard )
I, Viola Christensen, being first duly sworn, on oath depose and
say:
That I am Secretary for the Planning Departatnt for
the City of Tigard, Oregon
That I served notice of hearing of the Tigard Plan-
ning Cormliss ion
of which the attached is a copy (Marked Exhibit A) upon each of
the following named persons on the " r`/\ day of
�,j, •
197(2, by rr3Lling to each or them at the
address shown on the attache Flist ( Marked Exhibit R) , said notice
as hereto attached, deposited in the United States Mail on the
"1C _ day of �Ja1• r ,�'��2 , 1972_, postage prepaid.
•
c
�. L�L � L L•�a
,'u crihe.d and sworn to befo,e me on the day of
, 1975.
Notary Public o Oreg<x
3 �
My Carrmi ss ion expi rns: /0_44_r _--
TIGARD
,-,A,,,,,, .7{
NOT 1 GE OF PUBLIG H FARING
NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION AT ITS MEETING ON TUESDAY,
JANUARY 8, 1980 , AT 7:30 P.M. , IN THE LECTURE ROOM OF FOWLER JUN:OR HIGH
SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION:
APPLICANT: Mr. Roy Brown OWNER: SAME
15 300 SW 116th Avenue
Tigard, OiC gon 97223
REQUESTED
ACTION: An appeal by Mr. Kreick, Mr. Cowger and Mrs. Golden of the approval decision
by the Planning Director in reference to the Preliminary Plat Subdivision
request by the Tualatin Development Corporation on a half acre lot in the
R-7PD "Single Family Residential Planned Development" Zone. NPO #6
LOCATION: Approximately 500' east of Alderbrook Drive on Durham Road (Wash. Co.
Tax Map 2S1 11DC, Tax Lot 14200) .
FILE NO. : SUBDIVISION S 13- 79
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THE PUBLIC HEARING CO THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF PROCEDURES
OF THE PLANNING COMMISSION. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD,
OR, TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE INITIAL. HEARING.
SHOULD YOU WISH TO APPEAL, A WRITTEN LETTER ADDRESSED TO THE CITY RECORDER MUS1 BE RECEIVED
PRIOR TO THE EXPIRATION OF THE TWENTIETH DAY AFTER THE DECISION OF THE HEARING. IF NOTICE
TO APPEAL IS NOT RECEIVED WITHIN TWENTY DAYS, THE .ACTION IS VALID.
FOR FURTHER INFORMATI')N, PLEASE CONTACT THE PLANNING DEPARTMENT AT 639-4171
CITY OF TIGARD, 12420 SW Main
Tigard, Oregon 97223
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ROBERT COWBER, M. D.
PHYSICIAN AND MURO[ON RECEIVED
♦1s0 LM' CEDAR HILL■ •LVD.
•CAVERTON, OREGON 97003 N O V 2 1 HI-1
OPVIT HALM OLOI7V November 21, 1979 Of
CRY TIGA
/4.,u
The Tigard Planning Commission
12420 SW Main
Tigard, Oregon 97223
Re: Tualatin Development Corporation or
it's employees building on studio
sub-division on Durham Road across
from the Tigard High School
Dear Planning Commission:
We write to contest the representatives of Tualatin Development Corpora-
tion's present building on the "studio sub-division lot" immediately
south of our home at 15860 S.W. Oak Meadow Lane, Tigard, Oregon, across
Durham Road from the Tigard High School and hebieen our property
Summerfield, Lot 613, and Durham Road.
One of the principle reasons we selected Lot #613 at Summerfield was that
several representatives of TDC, Inc. , including their customer service
division, their realtors, and their construction unit, confirmed that
the 150 ft. by 150 ft. lot lying between our property and Durham Road
could not be built on because there existed no road access from the
overall TDC Summerfield plot plan (as it was effectively land-locked)
and also that the driveway ac ess onto Durham Road was disallowed by
Washington County codes and regulations due to traffic congestion.
Two months ago we were notified by mail that your Commission was hearing
a TDC petition to build on this lot. On the day of the hearing we were
told by your office representative that TDC had withdrawn its proposal .
Now it is evident that construction on this site has begun, even though
no adjacent owners were notified in advance that TDC or its represent-
atives , present or former, currently intended to go ahead. In other
words, your Commission neglected to notify us of a hearing on this
project at which we would have the opportunity to protest.
We wisn to appeal the Planning Commission's decision on this matter.
The Commission is certainly aware of the explosive car and pedestrian
travel congestion at this site with high school students, cars, school
buses, construction vehicles, commuters, etc, all contributing to an
RECEIVED
NOV 21 1979 ?age -2-
CITY Of TIGARD November 21, 1979
Re: TDC, Inc. / Durham Rd.
overburdened thorouchfare, Durham Road. Adding additional on and off
street residential traffic at this site has in the past been forbidden
with good reason.
Please inform us by return mail of our rights relating to our wishes
to appeal tc, stop the current construction. In addition please explain
how we may participate in the future in an honest effort to protect our
own and other community rights.
Thank you in advance for your courtesy in complying.
Sincerely,-
ROBERT C. COWER, M. D.
,4 -�
PATRICIA A. COWGER
Telephone: 682-1651
644-9411
c.c. : Mr. Alex Parks, AtUorney-at-Law
Mr. John N. Groupe, Director, State Dept.of Economic Development
Mrs. Elizabeth Golden
Tualatin Development Corporation
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RECEIVED
NOV 21 197
ZOF TIGAAO
November 20, 1S/9
V
CITY OF TIGARD
12420 SW Main Street
Tigard, Oregon 97223
ATTENTION: Planning Director
Dear Mr. Howard:
I am hereby submitting a letter of appeal of your decision approving
Studio Estates Subdivision on Durham Road in Tigard. I request that a
public hearing before the Planning Commission be scheduled at the earliest
date possible.
The reason for the appeal is based on my concern that the half acre
parcel adjacent east of my residence has been approved for development which
will create traffic across the right-of-way in front of my residence on
S.W. Durham and I was not notified of this to express my opinion.
Your assistance in processing this appeal is greatly appreciated.
Sincerely,
Mr. Jef 1riey
9185 S.W. Durham
Tigard, Oregon 97223
620-2685
Ayr 146 /5:0:1C1014(
alitot 4 4: '27114-..ditd
eAr44,7t 41!:::
A
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FROM: .
PHONE; Aa - .2_1401,5"
MESS CE: 7 'A€ /a
V e lapn?E►17'�
- _
MESSAGE BY:
FINAL ACTION
STAT F REPORT
TIGARD PLANNING DIRECTOR
November 1, 1979
City of Tigard
12420 SW Main Street - Tigard, OR
DOCKET: Subdivision S 13-79 (Reference: ZC 5-79, Summerfield Subdivision and
Preliminary Plat #11 of Phase 1V S 2-76)
APPLICATION: Mr. William McMonagle OWNER: Tualatin Development Corp.
8905 SW Commercial 15300 SW 116th Avenue
Tigard, OR 97223 Tigard, OR 97223
APPLICATION
DATE: October 18, 1979
SITE
LOCATION: On SW Durham Road approximately 5:,0 feet east of SW Alderbrook
Drive (Wash. Co. Tax Map 2S1 11DC, Tax Lot 14200) .
REQUEST: To subdivide a half acre parcel into 4 lots in a R-7 "Single
Family Residential" zone.
PREVIOUS ACTION:
In 1972, the City Council approved a multiphase planned development project
for a total of 1295 dwelling units. The Summerfield Complex was to be made up
of single-family, townhouse, apartments and a retirement center. In May 1978,
Phase IV, Plat Number 11 was recorded, which incorporated an area 144.0 feet
by 151 .14 feet. This parcel was one lot of the total plat. The half acre site
was never developed. Therefore, Tualatin Development Corporation is requesting
a preliminary subdivision plat approval to permit the construction of two town-
bailie units on four lots.
I. FINDINGS OF FACT:
1. The subject site is zoned and designated as "Urban Low Density" on
the NPO !!6 Plan.
2. The applicant is requesting permission to subdivide a half acre parcel
into 4 lots for the construction of two attached townhouse units.
The site plan indicates that the access will be directly off S'4 Durham
Road.
3. The property is vacant and flat with tall grass and a feo trees on the
northern property line.
4. The surrounding land uses are single-famly units (some are two stogy)
tc the west and north, townhouses (some are two story) to the east
and the Tigard High School to the south across SW Durham Road.
FINAL ACTION
STAFF REPORT
TIGARD PLANNING DI RECTOR
Page 2
5 . Access to the subject site will be directly off SW Durham Road. SW
Durham Road is presently a two lane 26 font wide road. It is a County
road with a designation by the City's '4P0 06 Plan to be a collector street.
Its presentcondition is substandard to the City's local street standard
which carries a traffic vo; eme of 3,500 to 5,000. The average daily trips
in the immediate area is approximately 5,855. This figure was indicated
from the traffic counter placed at the school frontage location in May,
1978. Since that time, there has been an increase in traffic volume due
to new residential construction . Therefore, the present traffic trips
are approximately 2, 356 to 856 trips above the estimated capacity.
6. A driveway permit was granted by the Washington County Public Works
Department for this parcel. However, the County letter (see attached
exhibit "A") cautions the developer of the possibility that the road
is classified by the County as an arterial and that the City should
consider obtaining jurisdiction for SW Durham. Also, the letter states
that the driveway permit requires the concurrence from the City of Tigard.
7. The County's response is interpreted as intending the City to be the final
determinator to permit direct access onto SW Durham, to take jurisdiction
of SW Durham and to determine the future classification of SW durham
with the responsibility of improving it.
8. A positive factor to this situation is the fact that vehicle traveling
throug;S this area from either direction will be slowing down to turn
into the school, to the proposed residence or onto 92nd Avenue towards
Cook Park. Therefore, turning left or right from on-coming traffic
will be anticipated. Furthermore, the speed limit along the school area
is 20 mph and is policed for enforcement.
II . CONCLUSIONARY FINDINGS:
1. The applicant's site plan for access is viewed as a temporary solution.
Further improvement on SW Durham and a relocation of the access when
future development occurs to the west is essential to finalizing the
best access.
2. Allowing direct access onto SW Durham will reverse the policy and will
be contrary to Cor.dition Number 6 of the approval to Plat Number 11 of
Phase IV.
3. The townhouse construction on the four lets is in keeping with the Summer-
field Planned Development and the Comprehensive Plan.
4. The high density type units in the approval of a planned development
were acceptable due to the open space and recreational activities of
the total area. Therefore, permission of these units to share in the
facilities of Summerfield is required.
FINAL ACTION
STAFF REPORT
TIGARD PLANNING DIRECTOR
Page 3
III . STAFF RECOMMENDATION:
Staff recommends approval of the preliminary plat subject to the foliawing
conditions:
1. That the occupants of Studio Estates be permitted to use the Summerfield
Facilities.
2. That the temporary drive be permitte until such time that a full right-
of-way through, Tax Map 2S1 11DC, Tax Lot 7400, be acquired. At which time
the temporary access will be closed.
. That an easement be created on Tax Map 2S1 11DC, Tax Lot 12000 for traffic
access sufficient in width and depth to align with the intersection of
SW 92nd for future access for Lot 7400 and Studio Estates.
4. Approval of the building permits will be conditional upon no receipt of
appeal within twenty days from November 1, 1979.
5. No occupancy permits shall be issued until all conditions placed upon
this development by the City of Tigard have been satisfied and inspections
verifying this have been carried out by the appropriate department.
6. No changes will be made to approved plans or specifications unless formal
application is made to the appropriate City department and changes are
approved by that. departmen' . Application for changes will be made in
writing and shall include applicable drawings.
7. Construction plans on all public right-of-ways shall be submitted and
approved by the Public Works Director prior to commencement of work.
8. Public water service and sanitary service shall be installed to this
site prior to the issuance of a building permit.
Prepared by Ken S Approved by Ald e . d
Assoc to City Planner g 'irector
NOTE: This acknowledgement must be signed and returned to the City of Tigard,
Planning Department, within fourteen (14) days of your receipt of this
letter. Failure to return this acknowledgement will result in no further
action on this project with regards to issuance of building permits )r
engineering approval.
Signature, Applicant Date
Signature, Owner Date
vac
ir ir
(503) 639-3101
TUALATIN DEVELOPMENT CO., INC.
15300 S. W. 116th Avenue TIGARD, OREGON 97223
October 30, 1979
Mr. Aldie Howard
Planning Director
city of Tigard
12420 S.W. Main St.
'Iigard, Oregon 97223
Re: Studio Estates
Dear Mr. Howard:
Pursuant to our meeting with Frank currie, Ken Selby and yourself, we
agreed to the stipulations and conditions as listed below:
I . We will construct e.cross our property of Studio Estates a 12-foot
wide driveway adjacent to the right-of-way line of S. W. Durham
Road from approximately the center of the property to the West
property line.
2. We will use a temporary access- onto Durham Rd. until such time as
the Krick property '['ax Lot 7400 extends the driveway to a point
opposite the intersection of Durham Rd. and S. W. 92nd Avenue.
At this time, the tempo.ary access will cease to be used. See
attached plan.
3. ,he maintenance of the driveway access shall be the responsibility
of the adjacent property for which it serves.
Very truly youts,
);oyown
Executive Vice President
prvjvt 4 ... t Sv4d1 o -4,446,v4,o*J
ba.-4_ be, 3e, rg y9
R444.404.4 t : S /3-79
TD. - IK+ Frey t3wwn
CONSENT COVENANT
Street Improvements
The undersigned owners including purchasers) of the
real property described below do hereby record their consent to the
formation of a local improvement district by the City of Tigard fur
the purpose of improving the public street or streets upon which
the described property abuts. The undersigned expressly waive all
present and future rights to oppose or remonstrate against the
formation of a local improvement district for the improvement of the
abutting street or streets, reserving only the right to contest the
inclusion of particular cost items in the improvement district pro-
ceeding and any right they may have under the laws of the state of
Oregon to contest the proposed assessment. formula .
This consent and waiver shall run with the title to the
described land and be binding upon the undersigned and all successor
owners, for a period of 15 years from the date of the last
signature below.
The real property that is the subject u` this consent
covenant i !; described as follows :
Pz,ge 1 - Consent Covenant
5 /3-79
DATED thisy_ d.ly of Oehree/2_,, 197
STATE OF OREGON )
ss
County of Washington )
On this 301, day o ctL..�- 1971_ , personally
appeared th 2 above named / a r o L,,,/ el
and acknowledged the foregoing instrument to be )11.41— voluntary
act and deed.
Before me:
tart' Pub1Lc or Oregon
y commissi expires : -40-,a----
Paye 2 - Consent Covenant.
Ir
•
Ir
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) ss.
City of Tigard
1, Viola Christensen, being first duly sworn, on oath depose and
say:
That I am Secretary for the Planning Department for
the City of Tigard, Oregon
That I served notice of hearing of the Tigird Plan-
ning Commission
of which the attached is a copy (Marked Eibit A) upor. each of
the following named persons on the /9 day of
197 , by ma•1 ng to each them at the
ress s owr on tie attac ed list (Marked Exhibit B) , said notice
as hereto attached, deposited in the United States Mail on they
day of c n Ai(L- , 197 , postage prepaid.
Subscribed andswornto before me on the /5. ,— du:f of
_ , 1979 .
Notary Public of Oregon
My commission expires: /O-J('- 1 3
'TfIGARD CITY OF T GA R D
P.O. Box 23397
12420 S.W. Main
Tigard, Oregon 97223
FILE $ S 13-79
STUP O ESTATES
TODAY'S DATE`10/18(79
FINAL ACTION DATE13/1/79
Dear Community Member:
The enclosed vicinity map should be of interest to you.
Specific plans for this property are available in this office
for your review. Written comments are encouraged. Please submit
correspondence in advance of final action. Note that the final
action dated is stated above ,
If you have any questions, please contact the Panning
Department at 639-4171.
Sincerely,Si
lLc��Q�
Ken Sett(
Associate City Planner
KSvmc
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SUBDIVISION r \\
LOCATION: 500' East of Alderbrook Dr. on
Durham Rd. I — Nil/! -_,_
William McMonagle is requesting to subdivide
a .5 acre parcel into 4 lots for the Tualatin
Development Corporation in a R-7 Zane.
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„Art r. T L;\RD PLANNING Ff 1RTMENT 1111 I(flt121:_27.A-00
t.J
124:u t Mair Street h —'�.
Tiger... : qon 97223 Fee Recd AAA AA
639-4171 Receipt 0 _ +
Date Rec•d /D1/i7 ?S
SY —Y_ ��
The "contact pe.son" named in this application will receive all majox correapundo;ice
from the Tigard Planning Department and that person is responsible for providing same
to owner, architects, engineers, consultants, etc.
In this case the "contact rsoonn"" is:A
NAME �,/, %14f /Or "‘"....1X0-...--,47"‘"....1X0-...--,47L% - --- —_
ADDRESS (r!p eS „S, t , e5-4,..0g440:0-rec..-0.0e( ,— ------
TELEPHONE (c 3 9—3VS3 G.3 e 3z
All co'.cnunications from this departasnt shall include the appropriate file number.
The file number in this case is
I have read this section and I agree, as As "contact person", to provide all infor-
mation to other pe s with an interest i.n this project.
Signature date
_ LEASE PRINT IN INK OR Fled
PLAT NAME.: - �/v/''C I $ - '.J
ADDRESS' „,`—; V E O, �] /�/ # j4�
TAX MAP N - C)11 e TAX LOT(S) /yc,�1 , L AREA OF TAX(4)
APPLICANTS NAME: / p c �,Gv� PHCNP (BUS.)1.J /G' I
(RES.) _y
APPLICANT'S ADDRESS: /f�JO S Arip TIY ' ',f' '): 2 3
�-�--s� (STREET) (CITY) (STATE) (ZIP) T
OWNER'S NAME /C-r~ ./ZcGa -'—' _- PHONE. (BUS.)
(RES.)
OWNER'S ADDRESS:
(STREET) � 11� (STATE) (ZIP)
OWNER RECOGNITION OF APPLICATION:
SIGNATURE OF OWNER( ;) --`
PLEASE. CIRCLE:
144#14444.-
ENGINEER
hIVA4ih_ENGINEER
URVE.YOR NAyI? if/-Aree,--110 1.exp • PHONE (BUS.) go-..9'1'vr3
ADDRESS. Q!k7S- J `w' �A�_ ;1� _. P. a a2
(STREET) „7-" :',09011130)(CITY) (STATE) (ZIP)
/ LA"D "PC/'AA1 ��l (7r?�
NUtWER Or LOT(S): / f-``
APPROXI`ATE !AEI. Or EACH LOT. 7« _
ZONING DESIGNATION: 24FW. -- -
LIST UTILITY DISTRICT PROPERTY LC'CATED WITHIN
FIRE DISTRICT: 7, /2.'.E 7 r
SCHOOL DIE,TRICT: �€4". °S
WATER DISTRICT, 'e/e '
SEWER DISTPICT: /.�.5 /10_ c-'7 ...- ,M0J
LIST ALL EASLF,ENTS AFFECTING THE PROPERTY:
aftlui
cidvy. � F, ; � $ ..
OMI
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etc-+4.+• .
JtlY6tL 1
4
`-4-
August 24 , 1979
MEMORANDUM
To: Property Owners
From: Ken Selby, Associate Planner
Subject : Public Notice
There will be a public hearing for the items attached at the regular
Planning Commission meeting which will be held September 4, 1979 at
Fowler Junior High School, 10861; SW Walnut Street, Tigard, Oregon, at
7:30 P.M.
The attached items will be discussed. if you have any questions,
please call me at 639-4171 (Tigard City Hall) .
The attached memo sent to the following persons:
Tigard High School William Dickoff & Margaret
District 23J 13455 SW 72nd Ave.
8680 SW Durham Road Tigard, OR 97223
Tigdrd, Ore. 97223
Merle & Willie Beatty
Earl N. & Margaret Wakley % SW Office Campus Ltd.
14175 SW Hargis Rd. 3600 SW Hood
Beaverton, OR 97005 Portland, OR 97201
Jerry R. Baysinger First State Bank of Oregon
Donna Shigeno 10888 SE Main '
15835 SWStratford Loop Milwaukic, OR 9,222
Tigard, OR 97223
T.R. Laxton Const. Inc.
Lucy Scheckla 18670 SW Pacific Highway
10200 SW Durham Road West Linn, OR 97068
Tigard, OR 97223
Paul R. & Lenore A. Warner
Robert R. Gage 10300 Century Oak Dr.
13615 SW 72nd Avenue Tigard, OR 97223
Tigard, OR
Associated Computer Service
1.O.Box 23097
Anthony J. Maksym Portland, OR
A. Karelee
13565 SW 72nd Avenue
Tigard, OR 97223 John R. & Dennis Baunach
Z Reed Madsen
2720 NE Flanders St .
Peul J. Williamson Portland, OR 97232
15845 A SW Stratford Loop
Tigard, OR 97221
John R. & Dennis G. Baunach
Gus & Loraine Greco Z Betty Dversdal
13425 SW 72nd Ave. 15025 SW 98th
Tigard, OR 97223 Tigard, OR 97223
Robert I . & Zita M. Herndon
% H.L. & J.A. Knauss
11880 SW Pacific Highway
Tigard, OR 97223
I
4 1
j! €, WASHINGTON COUNTY
ADMINISTRATION BUILDING - 150 N. FIRST AVENUE
HILLSBORO, OREGON 97123
BOARD OF COMMISSIONERS July 17, 1979 DEPT.OF PUBLIC WORKS
MILLER M DUR IS,Chairman JOHN F.CROCKETT,Director
JIM FISHER,Vice Chairman ROOM 201
VIRGINIA DAGG (503)848 8888
Roy Brown
Tualatin Development Company, Inc.
15300 S.W. 116th Avenue
Tigard, Oregon 97223
Re: Access to S.W. Durham Road for Lot 638, Plat #11
SUMWRFIL D
Dear Mr. Brown:
This is to clarify my letter dated June 18, 1979, concerning access to the subject site.
As T indicated in my letter, the only access that appears feasible to this site iE from
S.W. Durham Road. At the time the subdivision Summerfield was approved the intent was
to provide access frau interior street system to the individual lots. In other words,
the access to the development was to be from an interior street system. In this case
for some reason the lots were designed so that the subject lot was not provided access
frau an interior street. Therefore, the only alternative is to provide access to S.W.
Durham Road. What I was trying to indicate is that possibly through some design review
procedure in the City, the subject lot and an adjacent lot to the west could be served
somehow frau an internal system in the subdivision that would take place at a future Om(
as those parcels are developed. Apparently, there has been no design review pracecrur
and when the subdivision was platted, the intent was to serve these parcels from S.W.
Durham Road. It has also been indicated to me that it would not be feasible to have ti.is
lot in the subdivision plat and the adjacent lot to the west, which is not included in
the plat, be developed with some kind of internal access to serve the sites through any
design review procedure. I also wanted to stress the fact that by having direct access
onto S.W. Durham Road, that there will be access problems in the future from S.W. Durham
Road because Durham Road is an arterial road and designed to serve through traffic with
lot access a secondary function of S.W. Durham Road. Because of this it is probable that.
as Durham Road is improved, there would be no left turn access from Durham Road to the
subject site. This means that access would be right turn in and right turn out, which
would be an inconvenience to the property owners who are served by this site. The problem
would not be one that would be identified today because there is no left turn median,
landscaped or otherwise, on S.W. Durham Road. But, when a left turn lane is provided on
Durham Road, the left turn lane would be for S.W. 192nd Avenue which is a street extending
to the south from Durham Road immediately to the west of the subject site. The big
problem with planning for the future and c ctually implementing that plan is obvious as
the developer is allowed to develop but at the time actual road decisions are made, the
developer is not involved, but the residents who have purchased from the developer will
object to the future improvements even though planned well in advance of the development.
Therefore, Public Works would provide a driveway permit to the subject site but with the
understanding that the developer recognizes the future problems that will be created for
the lots to be served from S.W. Durham Road, and the design that was created by the
developer himself, and that approval for access to the subject lot does not preclude the
future plans for improving S.W. Durham Road to an arterial street system that serves
primarily to rove traffic and function as an arterial street. The County has also
_
requested the City to take jurisdiction of S.W. Durham Road in the future and therefore
Durham Road would be eventually under the City's jurisdiction. Although it is a
county road presently and Washington county would issue a drivewaj permit to the
subject site, it would require the concurrence from the City of Tigard.
Yours very truly,
TOm Spear
Planning Coordinator
TS:ja
cc: Aldie Howard, Planning Director
City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
Page 2 - Roy Brom Mal. Devel. CO.)
July 17, 1979
T' A .11 CITY OF TIGARD
P.O. Box 23397
12420 S.W. Main
1 i47ard, Oregon 97223
May 14 , 1')79
Tualatin Development Company
15300 S.W. 116th Avenue
Tigard, Oregon 97223
Attn: Mr. Rpy Brown
Dear Mr. Brown;
Per your written request, you are hereby permitted to create a
common thirty foot wide driveway access onto S.W. Durham for lot 638 •
of Plat No. 11 of the Summerfield Planned Development project.
114a4, This action is in conformance with Section 18.56.160 of the
{iiiimpow, Tigard Municipal Cw1e.
This action in MA nno. 1 ,sever, given circumstances
that this lot's only access is on S.W. Durham; it has created a neces-
sity to make a minor change in the s'.;,division planned development to avoid
having R landlocRed lot.
My approval only permits a change in the plan. You must receive
written approval from the County Public Works Department (Attention Mr.
Tom Spear) , for direct access onto S.W. Durham Road since it is their
jurisdiction. The City must have the written approval prior to issuance
of a building permit.
If you have any questions please call.
Sincerely,
Aldie Howard
Planning Director
AH:lm
cc: Ed Walden
John Hagman
Ken Selby
file ZC 5-77
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TRI-COUNTY TAX INFORMATION GUIDE
MULTNOMAH COUNTY
1
1-4A71LEGAL 02/26/74 �n�'11
H74NA1 Account No.
fTNOT, ERNEST a JOANNE S P2 Owner's Name
PT REND PRANKLIN SAY & tI)AN3 Mortgage Holder
51'' 9N STARK PT 14110 NE AM ON? CRT 4 Property Address
PORTLAND op '1'704 PORTLAND, 1RE(K1N 5 Legal Description
KILIMANJAM" L1T RLOCK 6 ?Doing
�''1Cd 2
/� ^ 7 Acquisition Year
-J J A Assessor's Map Number
LZ ACQ / YAP S74' PP 07At1101 RATIO t i+ 9 Acq. Doc. Rook�.. Pg.
AA 10 Property Classification&
1_Ae�20-17520 '.A[;rEs o2-275- Appraisal Area
YR t/c LAND VAL rn VAI. errs tOIT vAl. 11 Levy Code Tar Rales
7 07275 6,600 %,500 -o- 47,+00 02/+4/71 Mas( 1: Printout Date
4 01275 A,ngO 77,590 -0- 44,4x1') 12/+4/71 T 13 Appraisal Change,Reason& Date
440 14 Special Assessment
147017424) cltARETtT TARP 07-7F.. 4 (Lighting District,etc.)
L,/c YR TAX 'TNPAID INT DA1T: Tc lS fax Year
0320 4 5,176.63 .00 .00 07/tg!71 .00 16 inicrest Changes on This Date
!MtnASSESNTS
e 0561 4` ) 17.87 .00 .00 01/tS/74eV
CLACKAMAS COUNTYI Assessor's Map No.
(MICROFICHE EXPLANATION)
` + , Y. ?Tax l.ot Num
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her
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14370 P. E. MFRP'LANt '7 RT. 0 14510 Y. 4. MF.R^T[,A'T 'P'. 0 3 Taxpayer's Address
PORTLAND, iREf v 41204 4 Property Address
!s7 91x1 1800 0 S Assessor's Map& Lot
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